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152 Pa. 433

Hill v. Jones

Supreme Court of Pennsylvania

Decided January 28, 1893

Supreme Court of Pennsylvania · decided 1893-01-28

Appeal, No. 20, July T., 1892, by defendant, Robert E. Jones, from judgment of C. P. No. 3, Phila. Co., Dee. T., 1890, No. 678, on verdict for plaintiff, Preston L. Hill. Assumpsit to recover damages for the breach of a contract for the sale of building lots. At the trial it appeared that plaintiff had agreed to sell a tract of land belonging to defendant which had been laid out in 449 building lots, for which he was to receive as compensation $10 for the sale of each lot.

Relies on Coffin v. Landis · Burk v. Serrill

Good law ✅— No negative treatment on recordhow we know

Decided 1893-01-28

How this case has been cited

Cited by 3 later decisions — most recently April 1939

3 state decisions

1018931900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion by

Mr. Chief Justice Paxson,

¶2The plaintiff was employed by the defendant to negotiate the sale of certain lots. He was to have been allowed the commission of ten dollars on the sale of each lot. Shortly after this agreement was entered into the defendant learned that his wife would not sign the deed, and for this reason he was unable to go on with the arrangement. The plaintiff had sold only two of the lots before the matter was dropped for the reason already given. This suit was brought in the court below by the plaintiff to recover his commissions, and he was allowed to recover the whole amount that he would have been entitled to had all the lots been sold. The jury found a general verdict for the plaintiff for $4,490 damages, and in addition for the sum of $233.36 for plaintiff’s expenses.

¶3As a general rule the authority of a real estate broker to sell land may be revoked at any time by the principal: Coffin v. Landis, 46 Pa. 426. If the agent has incurred expenses in connection therewith, prior to the revocation of the authority, he may recover such expenses. The refusal of the defendant’s wife to sign the deeds rendered it impossible for him to proceed further with the arrangement. Had a sale of the property fallen through for this reason the vendee would not have been allowed to recover the value of his bargain, because the effect of it would be to coerce the wife into joining in a conveyance of which she disapproved: Burk v. Serrill, 80 Pa. 413.

¶4It was conceded upon the argument at bar that the allowance of the jury of $233.36 for plaintiff’s expenses, was proper. This portion of the verdict can stand, but the balance of it must be set aside, as there is nothing in the case to sustain it.

¶5The judgment is reversed as to the $4,490 and affirmed as to the sum of $233.36.

¶6Cf. Burk v. Serrill, again in the Supreme Court, 1 Ches. Co. R. 361.

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